End-user license agreement (EULA)

HomeWizard Energy

By using our Products or Services, you agree to this User Agreement. You will be informed of this in the General Terms and Conditions of HomeWizard. Dutch law applies to this User Agreement.

If you do not agree to the User Agreement, you are not entitled to use the Products or Services. You can only waive the User Agreement if you have received written proof of this from HomeWizard.

Definitions

‘User’ If you use the HomeWizard Services or Apps, you (the  »User » ) must adhere to and acknowledge the conditions set by HomeWizard.

‘Products’ All HomeWizard Products that HomeWizard offers via its own website or HomeWizard products offered via third parties related to the Energy platform.

‘Services’ All software and services that HomeWizard may offer to support Products such as websites, account, iOS-Android browser apps, Energy+, customer service and associated functionality.

The agreement

Providing the Services

  1. The User guarantees that the data made available to HomeWizard when ordering, registering and using the Services are correct and complete.
  2. Not all Services are available or applicable to all Products. User acknowledges that HomeWizard cannot or will not offer all Services for all Products.
  3. HomeWizard reserves the right to remove, modify or make temporarily unavailable any of the Services at any time without notifying the User.
  4. Our information and documentation may contain information about country-specific restrictions on Products or Services. HomeWizard cannot guarantee that the Services or products are available or functioning and/or comply with the laws of the User’s country.

Compatibility and Operation

  1. The User declares to install the most recent software updates for both his mobile devices and Products. Failure to comply with this condition may affect the functionality of the Services. The User understands that the offer or operation of Services may be reduced when using an older operating system or browser.
  2. Use of the full functionality of HomeWizard’s Services requires a functioning and continuously available wireless internet connection at the installation site. A mobile data connection may be required to use all the features of the mobile applications. The availability and functioning of the wireless Internet connection is the sole responsibility of the User.
  3. User must comply with the requirements of the Services and Products. Under which; properly installed, compatible with the Services, device settings, device specifications, power supply and properly configured network or internet connection. Failure to comply with these terms may result in limited or inoperable Services or Products.
  4. HomeWizard cannot guarantee compatibility, correct operation, stability and security with third-party software/hardware. The User bears the responsibility and risks for adding Products or Services to services of third parties.

Usage and Restrictions

  1. The HomeWizard Energy Services are licensed, not sold. HomeWizard grants the User a non-exclusive license (with no right to sublicense) to use the Services belonging to the User’s Products. The User declares that he has no rights whatsoever to the availability, applicability and functions of the Services. HomeWizard can change the offer, functionality or availability of the Services at any time if HomeWizard is deemed forced to do so.
  2. When purchasing an Energy+ subscription, the User obtains a license to use the Energy+ functionalities valid for 1 household, available for all devices and User(s) of the selected house for the entire subscription period. The expiry date and automatic renewal of an Energy+ subscription is indicated in the purchase agreement. The User can terminate his subscription up to 24 hours before the expiry date . The subscription can be turned off at any time via the subscription settings of the Apple ID- Google Account or HomeWizard account (website) depending on where the purchase agreement was established.
  3. The HomeWizard Energy product APIs are licensed, not sold. HomeWizard grants the User a non-exclusive license (with no right to sublicense) to the HomeWizard Energy API for personal, non-commercial use. The User declares not to use the HomeWizard Energy API directly or indirectly to sell, lease, lend or generate income using the API. When using the APIs, the user will refrain , consciously or unconsciously, from hindering and/or causing damage to HomeWizard, Users, other persons or bodies. In the event of notice of default, HomeWizard has the right to deny the User the direct or indirect use of APIs . The use of the HomeWizard Energy API is officially supported by HomeWizard, but HomeWizard cannot provide customer service regarding the implementation of the API in its own or third-party applications.
  4. The User declares to only use the HomeWizard Services and Products for legal and legitimate purposes, in accordance with applicable legal provisions, self-regulation, the generally applicable rules of decency and due care. The User shall refrain from hindering and/or causing damage to HomeWizard, Users, other persons or bodies. The User is prohibited from using the Services for purposes that can reasonably be suspected of causing nuisance and/or damage to the HomeWizard brand, the Services, accounts, Users, agencies or general persons. Such as: spamming, intimidating, hacking, attacking DDOS or violating privacy, copyright and/or human rights.
  5. User will not commercially exploit the Products or Services without written concent from HomeWizard. Including, for example, sale, rental or lease.
  6. The User will not attempt to uncover the source code or operation of the Services through reverse engineering, decompilation or other techniques. The User will not use the Products other than through the Services offered, supported functions or information provided by HomeWizard.

Liability

HomeWizard is not liable for damages or costs resulting from misuse of the Services or non-compliance with the User Agreement.

  1. Although HomeWizard strives for the highest possible reliability and availability, it cannot be guaranteed to be 100% reliable and available. The Products and Services are intended for access to and use of non-time-critical information and operation. The Services experience sporadic interruptions and outages due to a variety of factors beyond HomeWizard’s control, including, but not limited to, Wi-Fi connectivity, service provider reachability, and reliability of mobile notifications and carriers.
  2. Unless explicitly « guaranteed » HomeWizard cannot guarantee a specific level of energy savings or other monetary benefit as a result of the use of Products and Services. Actual energy savings and monetary benefits depend on factors that are within the User’s sole control.
  3. HomeWizard reserves the right to suspend access to the Services and unrestricted use of the Services, for as long and as necessary for compelling reasons – e.g. during necessary maintenance of servers, programs or the necessary infrastructure, in the event of unauthorized attacks on data or computers, or in the elimination of unforeseen security gaps or other serious failures. In these cases, an autonomous intelligent control of the end devices is activated as far as possible. These temporary limitations do not justify any liability or warranty claims by the User
  4. Products and Services should be used as an informative resource and not as a primary warning system, emergency notification or alarm system. HomeWizard cannot be held liable for whether or not it prevents, limits or causes damage or life-threatening situations. You agree that you will not rely on the Services or Products in the event of a life-threatening situation.
  5. Si vous modifiez les paramètres par défaut des services, les produits et services peuvent ne plus fonctionner comme prévu. Les choix que vous faites peuvent endommager ou faire en sorte que les Services ou les produits ne fonctionnent pas comme décrit ou recommandé. Vous acceptez l’entière responsabilité des préférences personnelles des paramètres de vos produits et services si vous décidez de modifier les paramètres par défaut.
  6. The Services provide you with information related to the Products in your home and their connection to other devices and services. All product information is provided ‘as is’ and ‘as available’. HomeWizard cannot guarantee that the information is correct and up-to-date. In critical cases, access to product information through the Services is not a substitute for direct access to information in the home. Under no circumstances does HomeWizard guarantee that: the Products and Services are always accessible, available, without interruption, free of errors, defects, recent, complete and/or accurate. Meets your requirements or is compatible with your mobile devices, browser or peripherals. The User acknowledges these limitations and agrees that HomeWizard is not responsible for any damage that may be caused because the Products or Services are not working or are delayed. User understands that the Apps are not certified for disaster relief.
  7. HomeWizard strives to provide the most complete information and documentation to ensure a secure installation, but cannot guarantee it. It is the User’s own responsibility to install or use the Products correctly or to have them installed insofar as described in the documentation or Services. In the event of damage or costs resulting from incorrect installation or lack of knowledge for the installation, which is reasonably deemed to be the User’s knowledge, the liability and risk lies with the User. HomeWizard is not liable for damage resulting from incorrect installation, use, handling, operation or storage.
  8. Insofar as not already excluded on the basis of the foregoing provisions, HomeWizard is not liable for damage to equipment connected to the terminal equipment, unless the damage can be demonstrably traced back to the use of one of the HomeWizard Products. The obligation to prove lies with the User. If no proof is available due to an act of the User (eg by an attempted repair), then any liability of HomeWizard is excluded. In addition, HomeWizard assumes no liability for the limitation or refusal of voluntary warranty coverage by third parties due to the use of HomeWizard’s Products. This does not affect warranty claims against third parties. Such claims must be made against the relevant third party.
  9. HomeWizard is only liable for damage other than damage to life, personal injury or health damage if it is the result of the willful act, gross negligence or culpable breach of essential contractual obligations (ie obligations that must be fulfilled in order to perform the to enable the agreement a priori and which the User may expect to be fulfilled) by HomeWizard or its deputy agents. Further liability is excluded.

Property

  1. It is not permitted in any way to reproduce, copy or change- the physical or digital brand indications, logos, names and/or the design of HomeWizard Products or Services.
  2. Any suggestions or feedback you provide to HomeWizard regarding the Products, Apps and Services are the property of HomeWizard. HomeWizard may use, copy , modify, publish or redistribute your Submission and its contents for any purpose and in any manner without compensation to you. You agree that HomeWizard does not waive any rights of similar or related ideas already known to HomeWizard , developed by its employees or obtained from other sources.

Confidentiality

« Confidential Information » means the Apps and information provided to the User and made available by HomeWizard through the Services or directly to you. The User may not disclose, distribute or otherwise publish or communicate the confidential information to any person, firm, company or other third party without the prior written consent of HomeWizard.

Final Provisions

HomeWizard will inform the Customer of any substantial changes to this document and thereby communicate the content of the amended provisions. The change will become an integral part of the agreement, unless the Customer objects to it within six weeks of receipt of the notification by written or electronic communication. If HomeWizard does not comply with these conditions, the User must notify this in writing within one year.

If you have any questions about this document, please contact HomeWizard at support@homewizard.com

HomeWizard BV Keyserswey 79, Noordwijk, The Netherlands